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1/17/01 SUPREME COURT OF LOUISIANA

No. 2000-CJ-2703 STATE OF LOUISIANA, in the interest of the minor children, C.P, K.P.P. and K.M.P. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ST. BERNARD

TRAYLOR, J.

We granted a writ of certiorari to determine whether the court of appeal correctly reviewed the trial court's ruling in a proceeding to terminate parental rights. We conclude that the court of appeal erred in considering the merits in this case, which was not appealed timely. Accordingly, we vacate the judgment of the court of appeal and reinstate the trial court judgment, which has become res judicata for failure to timely appeal. FACTS AND PROCEDURAL HISTORY State of Louisiana, Department of Social Services (DSS/OCS) filed a petition for Termination of Parental Rights against K.P., the mother of five year old C.J.P., two year old K.P.P., and three month old K.M.P., and each of the children's fathers on February 22, 1999.1 The trial on the termination petition was held May 12 - 14, 1999, at the end of which the trial court took the case under advisement. A judgment granting the termination of parental rights was rendered, with written reasons, on July 8, 1999, and Notice of Judgment was sent the same date. The trial court also ordered that the parties be served with the judgments and reasons by the sheriff. KP's counsel received the Notice of Judgment through service on July 13, 1999, and KP personally received Notice of Judgment on July 17, 1999. K.P. appealed the trial court's judgment on August 5, 1999. The Fourth Circuit Court of Appeal reversed the lower court on the merits, after finding that the appeals were timely based on the lack of clarity on service in the record, apparently differing dates of return of service for each of the

The children were placed in the custody of the DSS/OCS by order on April 5, 1997. The children were found to be in need of care first on July 1, 1997, and a second time on March 11, 1998.

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parties, and the principle in favor of reserving appeal rights when doubts as to timeliness are concerned. ANALYSIS Courts shall avoid delays in resolving the status of the parent and in achieving permanency for the child. La. Ch. Code art. 1032. All phases of termination of parental rights proceedings are thus to be given priority. State in the interest of S.M., 98-0922 (La. 10/20/98), 719 So. 2d 445 (La. 1998). Consistent with the statutory scheme of expediency, the Louisiana Children's Code provides that appeals shall be taken within fifteen days from the signing of the judgment, or from the mailing of notice of judgment when required. La. Ch. Code art 332.2 The courts of appeal have consistently held that an appeal not timely filed in juvenile matters shall be dismissed. State in the Interest of Hair, 98-560 (La. 3 Cir. 6/8/98), 715 So. 2d 551; Interest of H.M., 411 So. 2d 1176 (La. App. 4 Cir. 1982); Matter of Lagarde, 358 So. 2d 983 (La. 4 Cir. 1978); In re: Rome, 316 So. 2d 759 (La. App. 1 Cir. 1975). In State in the Interest of T.H., the Third Circuit discussed the fifteen day time period in Children's Code Art. 332(A) for taking an appeal in a juvenile matter: This article apparently changed the law in juvenile cases as to when the fifteen-day time period begins to run. Former Article 332 stated that appeals shall be taken "within 15 days from the rendering of a judgment." The source for that article was La. Code of Juv. P. art.99, which provided for appeals to be "taken within 15 days from the entering of the judgment of disposition." Act 1095,

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